Minn. Lawmakers Weigh Net Neutrality Rules Despite Imminent FCC Vote

Some Minnesota lawmakers want to craft a net neutrality law even as the FCC prepares to vote on restoring federal open-internet rules. At a Tuesday meeting, the legislature’s Senate Commerce Committee laid over a bill (SF-3711) banning state contracts with companies that violate open-internet rules. While the action indefinitely postponed further Senate action on the measure, the proposal remains part of a pending House Commerce Committee omnibus (HF-4077). Also at the Senate Commerce hearing, members postponed action on a social media bill and advanced legislation meant to stop copper theft.

Sen. Ron Latz (D) knows the FCC plans an April 25 vote restoring federal rules and has “received many communications” urging him to wait, the net neutrality bill’s sponsor said at the livestreamed meeting. However, Washington hasn’t acted for years, noted Latz: If the FCC acts now, "they will have an opportunity, if they think it's important, to include preemption. But if they don't act, I believe we should have these principles in place in Minnesota.” The FCC’s proposed order envisions a state-by-state approach to preemption, while immediately preempting California’s net neutrality law (see 2404080061, 2404050068 and 2404040064).

The American Civil Liberties Union seeks Minnesota net neutrality rules because a future FCC could repeal rules the current commission enacts, ACLU-Minnesota Policy Associate Munira Mohamed testified. But CTIA lobbyist Sarah Psick said Minnesota should refrain from moving a state specific law considering the imminent FCC vote. Sen. Jordan Rasmusson (R) supported waiting given the possible federal action and a lack of reported problems in Minnesota. In addition, Sen. Nick Frentz (D) said he supported delaying the bill.

The committee additionally laid over a social media bill (SF-4696) that also is part of the House Commerce omnibus. But before postponing action, the Senate panel scaled back the legislation through an amendment. The original Senate bill -- like the current House version -- would have required more private settings by default on social media networks and for platforms to prioritize content that users prefer and perceive as high quality over posts that gain high engagement from other users. Also, the original measure would have set limits on how much users, especially new users, can engage with others on social media. In contrast, the amended Senate bill would require platforms only to disclose information about algorithms to users, including how they assess users’ perceptions of content quality.

TechNet appreciates the Senate amendment but has concerns platforms will have difficulty implementing the disclosures, lobbyist Judy Cook testified. Sponsor Sen. Judy Seeberger (D) doesn’t think the amended bill’s requirements are onerous but is open to refining the measure, she said.

Earlier in the hearing, the Senate panel cleared a bill (SF-4455) that aims to combat copper-wire theft by requiring licenses to buy or sell scrap-metal copper. It will go next to the Finance Committee. The House has a similar bill (HF-4461).

CTIA opposes net neutrality and two other parts of the House Commerce omnibus, the wireless industry association said in a March 22 letter to the House committee. CTIA urged lawmakers to scrap a section that would establish local franchise authority for broadband in Minnesota much like what exists for cable (see 2403110064). Imposing broadband fees would stifle industry investments and conflict with federal law and the FCC’s 2018 small-cells order, it said. Also, the state should carve out the wireless industry from a section meant to stop junk fees, CTIA said.